Trade mark decision

Interlocutory hearing concerning the adequacy of evidence of use filed in revocation proceedings.

Result

Evidence of use insufficient to discharge onus; opposition to application for revocation deemed withdrawn.

Points Of Interest

1. Quality of evidence of use required to discharge burden under Section 100.

2. Discretion under Rule 31(3).

Summary

The Registry had given as its preliminary view that the evidence of use was insufficient to discharge the onus on the registered proprietor. A hearing was arranged to decide this matter.

In the result, the Hearing Officer decided that the evidence filed was not sufficient to demonstrate that a defence of the registration could be mounted. Also there was no justification for an exercise of the discretions allowed for in Rule 31(3). No alternative defence of proper reasons for non-use had been claimed. The Hearing Officer therefore determined that the opposition to the application should be treated as having been withdrawn.